Santa Monica Mirror 3.8.19

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S A N TA M O N I C A

REFLECTING THE CONCERNS OF THE COMMUNITY smmirror.com

March 8 – 14, 2019 Volume XXI, Issue 34

INSIDE CELEBRATE WOMEN’S HISTORY MONTH PAGES 10-11

Council Sitting Illegally August 15, Says Judge Judge Yvette M. Palazuelos denies City’s request for a stay in voting rights case. By Sam Catanzaro Photo: John Cyrus Smith (Facebook).

Belongings of homeless individuals pile up at Reed Park.

CRISIS POINT? City Council addresses safety in public parks in Santa Monica. By Cailley Chella There is no shortage of public spaces in Santa Monica. From the Miles’ Playhouse at Reed Park to the white sand and sun at the beaches, there is an ample selection of recreation areas for locals and tourists alike to enjoy in the city. As the region grapples with a homelessness crisis, however, safety in Santa Monca’s public parks have become a concern for many residents who are calling on lawmakers to address the issue. According to a letter from Santa Monica’s Recreation and Parks Commission, the safety of the City’s parks and beachs, or rather the lack thereof, has reached a “crisis point,” where “further action cannot be delayed.” That letter was written almost five months ago on October 11, 2018. Since then, Council has directed the Commission and City Staff to find out what exactly needs to be done to address safety in public spaces. At Santa Monica City Council's March 5 meeting the Council directed the City to study the costs and benefits of securing safety in the parks. Santa Monica City Staff presented its recommendations including

ST HIGHE ELP! ON Y RATED

encouraging community members to get out and use the parks, improvements to infrastructure including lighting and landscaping, ongoing maintenance and park ambassadors, monitoring, reporting and enforcement, stopping outdoor food distribution and education. The Recreation and Parks Commission’s recommendations included a pilot program for sworn police officers at Reed Park, a beach curfew, lighting improvements in Tongva Park, park-based surveillance cameras, emergency phones, ongoing funding for hospitality services and bathroom attendants as well as ongoing local funding for the Homeless Multidisciplinary Street Team (HMST) and County-City-Community Partnership (C3) outreach and treatment programs for those experiencing homelessness. Most hotly debated was whether the police force can afford, or whether the City Council wants to be able to afford to station a sworn police officer at Reed Park or if just a park attendant will do. Vice Chair of Recreation and Parks Commission Lori Brown says she’s heard from the public and they were very clear. “What they wanted was a 90-day test in Reed Park to see if having a police officer there...made a difference,” Brown said.“Our little kids [have] said to us ‘please just give

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The future of the sitting Santa Monica City Council remains uncertain after a judge’s order this week maintains that any Council member serving after August 15 will be doing so illegally. The case, Pico Neighborhood Association, et al. v. City of Santa Monica, filed by plaintiffs Pico Neighborhood Association, Maria Loya and Advocates for Malibu Public Schools alleges that Santa Monica’s at-large election system dilutes Latino voting power in violation of the CVRA and discriminates against Latino voters in violation of the Equal Protection Clause of the California Constitution. In a final ruling released February 15, Los Angeles Superior Court Judge Yvette M. Palazuelos adopted the plaintiff’s judgment, ordering that all future elections for seats on the Santa Monica City Council be based on a seven-district map drawn by an expert for the plaintiffs and that the City hold a special election on July 2, 2019, for all seven seats on the Santa Monica City Council using this new district map. In addition, Judge Palazuelos ruling prohibits anybody not elected in a district election from serving on City Council beyond August 15, 2019. On February 21, Santa Monica City Council voted unanimously to appeal this ruling. On March 1, the City filed an ex parte application requesting the court to grant a mandatory stay on the prohibition of Council members from serving after August 15. In her March 6 ruling, however, Judge Palazuelos denied this request,

maintaining that any Council member serving after August 15, will be doing so in contempt of the law. Under California law, mandatory injunctive relief is automatically stayed upon the taking of an appeal, while prohibitory orders are not granted relief. Therefore, attorneys for the City are confident that the California Court of Appeal will issue a stay negating the call for July 2 elections because the order is mandatory in nature. In their request filed on March 1, the City argued that the prohibition of Council members serving after August 15, while prohibitory by nature, is mandatory in effect. “Its enforcement would compel the City to implement mandatory aspects of the judgment that are unquestionably stayed during the City’s appeal – specifically, the requirement that the City hold a district-based election this summer,” wrote Theodore Boutrous, one of the attorneys representing the City. Judge Palazuelos, however, denied this request, confirming that Council members are prohibited from serving after August 15 under her order. According to Rex Parris, an attorney representing the plaintiffs, Judge Palazuelos’ denial forces the City to hold an election before August 15 if the Court of Appeal does not grant a stay. “If the Court of Appeal has not stayed this case, that Council is sitting there illegally after August 15,” Parris said. If a stay is not granted, the window of time in which the City would be able to hold a special election is narrow, and preparation would have to begin in the immediate future. According to Denise Anderson-Warren, City Clerk, to have a new council seated by August 15, the City would need to hold a special election no later than Tuesday, July 30 since the City holds elections on Tuesdays and the County of Los

VOTE, see page 18

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